LEX VINI

New York State Liquor Authority Sets 4/23 Meeting re Internet Wine Sales

The New York State Liquor Authority has scheduled a special board meeting for April 23, 2014 to consider two requests for declaratory rulings related to internet wine sales. Both Lot 18 and Connoisseur Encounters Co., Inc (doing business as “The Wine Cellar at Rye Ridge”) have asked the NYSLA for guidance regarding their proposed business operations. The Lot 18 petition is here and the Wine Cellar petition is here. According to its petition, Lot 18 plans to partner with “brand-strong Marketing Agents [such as magazines and other media entities] that have their own consumer lists, readership or website viewers, on-site customers and a recognizable brand” to deliver “personalized wine selections” to consumers.

Last year, the NYSLA rejected a request for a declaratory ruling regarding a platform that allowed for third party marketers, such as Lot 18, to operate in New York without an alcohol beverage license. The liquor authority subsequently held a hearing regarding internet-based sales of alcohol beverages, but to date has not issued any further guidance regarding third party marketing.

Earlier this year, we reported that Lot 18 had secured a New York state brick and mortar retail license.

DP&F does not represent Lot 18 in this matter.

For more information on third party marketing, internet marketing, or wine law in general, please contact John Trinidad at [email protected].